From 1 May 2026, all new tenancies are Periodic Assured Tenancies. Guarantor agreements that reference only a fixed-term AST may not extend to the periodic tenancy. All new guarantor agreements must expressly cover the tenancy 'for as long as it continues in any form'.
What a guarantor agreement must include in 2026
- Parties: full legal names and addresses of landlord, tenant, and guarantor
- Property address and the tenancy agreement it relates to
- Scope: expressly covers both rent arrears and damage beyond fair wear and tear
- Periodic coverage: covers the Periodic Assured Tenancy and any continuation
- Termination: when the guarantee ends (when the tenancy ends and all sums are settled)
- ILA declaration: guarantor confirms they have had the opportunity to take independent legal advice
- Execution as a deed: signed by guarantor in front of a witness who also signs
The Renters' Rights Act 2025 and guarantor agreements
The abolition of fixed-term ASTs means guarantor agreements can no longer be drafted to last '12 months from [date]'. A guarantee tied to a fixed-term period may expire when the fixed term would have ended, even though the tenancy continues as a PAT.
Courts have held (Superstrike Ltd v Rodrigues [2013]) that a guarantee does not automatically extend to a statutory periodic tenancy. All new guarantor agreements must expressly cover the periodic tenancy 'for as long as the tenancy continues in any form'.
Enforcing against a guarantor
When rent is unpaid, calculate the arrears, write formally to the guarantor demanding payment with a deadline, then issue a County Court claim if they do not pay. The guarantor cannot raise the tenant's personal circumstances as a defence, the guarantee is an independent obligation.
Our Guarantor Agreement Deed is drafted for post-RRA Periodic Assured Tenancies, includes an ILA declaration, and is executed as a deed. Available in the shop.